Can Grandparents Seek Custody or Visitation?
Family transitions, such as divorce, separation, or the loss of a parent, can lead to grandparents wondering what rights they have to remain involved in their grandchildren’s lives. In Pennsylvania and New Jersey, both states recognize the important role grandparents can play, but the laws surrounding grandparent custody and visitation are specific and must meet certain legal thresholds.
To learn what is possible for your unique situation, connect with a Bucks County family attorney. Legal professionals are available to compassionately listen and inform you of your rights under state law.
PA Grandparent Custody and Visitation
Pennsylvania law provides grandparents with potential standing to seek both partial custody (visitation) and, in limited cases, primary physical custody. That said, the courts always prioritize the best interest of the child when making these determinations.
Grandparents may petition for partial custody if the parent of the child is deceased or if the parents have been separated for at least six months or have filed for divorce. It is also often key that the child has lived with the grandparent for a consecutive period of time. In these cases, emotional bonds and the potential benefit or harm of visits will be considered. In some situations, the preference of the child, depending on age and maturity will also be considered.
In more serious situations, a grandparent may seek full custody. This could be necessary if the child is at risk due to parental neglect, abuse, or drug dependency, or, if neither parent is available or willing to care for the child. Courts require clear evidence that awarding custody to a grandparent is necessary for the child’s welfare.
New Jersey Law and Legal Support
In New Jersey, grandparents (and siblings) can apply for visitation under a state statute, but the burden of proof is higher. To succeed, grandparents must prove that denying visitation would harm the child. This is a more demanding standard than simply showing that visits would be beneficial. Courts may consider:
- The prior relationship between the child and grandparent.
- How much time has elapsed since last contact.
- The effect of visitation on the child’s relationship with parents.
- Any history of abuse or neglect.
New Jersey places a strong emphasis on parental autonomy, so courts are cautious about overriding a fit parent’s decision to deny visitation unless harm to the child can be clearly demonstrated.
Whether you’re in Pennsylvania or New Jersey, seeking custody or visitation as a grandparent involves complex legal standards and a strong understanding of family court procedures. Every case is unique and will be evaluated based on its specific facts, including the health and safety of the child and existing family dynamics.
If you have questions about your rights as a grandparent, speak with a knowledgeable Bucks County family attorney. With experienced legal guidance, you can explore your options and take the appropriate steps to protect your relationship and your grandchild’s best interests.
How have family connections changed for you? If you’re seeking to stay connected with your grandchild or worried about their well-being, contact the legal team at Kevin L. Hand, P.C. Call 215-515-2604.
